If you and your spouse cannot agree on how assets should be divided, the court will guide you through a structured three-stage process. Each hearing has a specific purpose and helps narrow the issues until a fair financial settlement can be reached.

Although it may feel daunting, understanding what each stage involves will help you prepare with confidence and focus your efforts where they matter most.

First Appointment

The First Appointment is the procedural starting point of financial remedy proceedings a “getting your ducks in a row” type of hearing.

At this stage, the judge does not make any decisions about your finances. Instead, they ensure that both parties have exchanged full financial disclosure (Form E) and decide what additional information or expert evidence is needed before negotiations can begin.

Typical directions made at this stage include:

  • Deadlines for replying to questionnaires about each other’s Form E;
  • Instructions to obtain property or pension valuations;
  • Permission to instruct a single joint expert to value a business, company shares, property, or pensions;
  • Orders setting a timetable towards the next hearing, the Financial Dispute Resolution (FDR).

Both parties must attend the First Appointment, though your barrister will speak on your behalf. The hearing is usually short – about 45 minutes – and procedural in nature. By the end, everyone should have a clear plan for the next steps.

Financial Dispute Resolution (FDR) Hearing

The FDR is the settlement stage of the process. It is a “without prejudice” hearing, meaning that anything said in a genuine attempt to settle cannot later be shown to the judge at a Final Hearing.

Before the FDR, both sides exchange offers and update financial information. On the day, the barristers will make submissions outlining your respective positions. The judge will then give a non-binding indication – an honest view of what outcome they think a court might impose if the case went to a Final Hearing.

This indication often provides the reality check both parties need. With that judicial steer, negotiations take place throughout the day (usually in private consultation rooms). The majority of cases settle either at the FDR itself or shortly afterwards.

If an agreement is reached, your solicitors can draft a consent order setting out the terms, which the judge can approve the same day. If settlement is not achieved, the judge will set directions for the next and final stage.

Final Hearing

Few cases reach this point, but if you cannot agree, the judge at the Final Hearing will make a legally binding decision on how your assets, income, and pensions are divided.

Each party gives oral evidence under oath, and both sides’ barristers cross-examine witnesses to test their evidence. The judge considers all the evidence, closing submissions, and the section 25 factors under the Matrimonial Causes Act 197, including the principles of needs, sharing, and compensation.

The judge’s decision is then given and becomes legally binding.

Reaching settlement and alternatives to court

The court process provides structure and protection, but most cases resolve long before a Final Hearing. Settlement can also occur through solicitor negotiation, mediation, private Financial Dispute Resolution hearings, or family arbitration.

At every stage, your solicitor and barrister will prepare you thoroughly – explaining what to expect, what documents are needed, and how best to present your position with a strategy in mind. With careful preparation and professional support, these hearings become less about confrontation and more about reaching a fair, final resolution that lets both parties move forward.

If you need advice on a financial court hearing, please contact Yasmin Khan-Gunns and Grainne Fahy.